Note: We have already suggested in our previous
related articles that aspirants must read the entire syllabus first before
appearing in this examination. Because it is too large and we can't put it here
and you can get it from UPSC's official website which is available for free.

Indian Polity: Constitution of
India

Attention: This
is part 3 of this article, If you want to read from start
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List of the Articles 12-35

12. Definition of State
13. laws inconsistent with or in derogation of the Fundamental Rights.

Right to Equality

14. Equality before law
15. Prohibition of discrimination on grounds of religion, race, caste, sex or
birth place
16. Equality of opportunity in matters of public employment
17. Abolition of untouchability
18. Abolition of titles

Right to Freedom

19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences
21. Protection of life and personal liberty
21A. Right to education
22. Protection against arrest and detention in certain cases

Right Against Exploitation

23. Prohibition of traffic in human being and forced labour
24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

25. Freedom of conscience and free profession, practice and propagation of
religion
26. Freedom to manage religious affair
27. Freedom as to payment of taxes for promotion of any particular religion
28. Freedom as to attendance at religious instruction or religious worship in
certain educational institutions

Cultural and Educational Rights

29. Protection of interests of minorities
30. Right of minorities to establish and administer educational institutions
31. Compulsory acquisition of property - (Repealed)

32. Remedies for enforcement of rights conferred by this part
32A. Constitutional validity of State laws not to be considered in
proceedings under Article 32 - (Repealed)
33. Power of Parliament to modify the rights conferred by this part in their
application to forces, etc.
34. Restriction on rights conferred by this part while martial law is in force
in any area
35. Legislation to give effect to the provisions of this part

Indian Polity: Constitution of
India

(FUNDAMENTAL RIGHTS)
PART - 2

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is part 2 of this article, If you want to read from start?
Click Here!

Definition of State : (Article - 12)

It includes Government and Parliament of India, that is, executive and
legislative organs of the Union Government. Government and legislature of
states, that is, executive and legislative organs of state government. All local
authorities, that is, municipalities, panchayats, district boards, improvement
trust etc. All other authorities, that is, statutory or non-statutory
authorities like LIC, BHEL, SAIL, GAIL etc. or even a private body or an agency
working as an instrument of the State.

It is the actions of these agencies that can be challenged in the courts as
violating the Fundamental Rights.

Indian Polity: Constitution of
India

(FUNDAMENTAL RIGHTS)

Basics of the Fundamental Rights

It covered in the Part III of the Indian Constitution (Under article 12 to
article 35). It has largely been incorporated from Bills of Rights of USA
constitution and also called as Magna Carta of Indian Constitution because it is
Justiciable or Enforceable in a court of law. This is the elaborated fundamental
rights description in entire world.

They do not do any discrimination among the citizens of India on the base of
colour, religion, sex etc. It holds the equality of all individuals, the dignity
of the individual, the larger public interest and unity of the nation. It
promotes ideal of political democracy and prevent the establishment of an
authoritarian despotic rule in the country, and protect the liberties and
freedoms of the people against the invasion by the State.

It also aim at establishing 'a government of laws and not of men'. Rule of
law has three components i.e. Supremacy, Classes to same law and Impartial and
powerful judiciary.

Indian Polity: Constitution of
India

(SCHEDULES)

What is Schedule?

They are Lists which categorise and tabulate bureaucratic activity and policy
of the Government. They are kept separate because it is more than 100 mages
document and hence, not included in original text of constitution but they are
very much part of the constitution. Originally they were 8 in number, now
they are 12. IX (1st Constitution Amendment Act 1951), X (Anti-Defection Law
52nd CAA 1985), XI (73rd CAA Panchayati Raj 1992), XII (74th CAA Municipality
1992).

First Schedule

Part 1: Name of the state and their territorial jurisdiction (29 states). It
conclude details regarding which law, act etc. determine each states boundaries
(Article 1 to 4).

Indian Polity and Constitution

A Brief Introduction and Historical Background
(Source of Our Constitution)

Most of the provision of the Indian constitution have been borrowed from the
constitution of several other countries as well as from the government of India
Act 1935. Though sometimes this borrowing become a matter of criticism but no
doubt the framers of our constitution deserve our gratitude for collecting the
best features of other constitutions and modifying then in order to avoid the
problems faced by them and making them suitable to the Indian
Politico-Administrative system.

Constitutional Bodies (Union
Public Service Commission)

Article 315 provides there will be one UPSC and State public
service commission for every state, however two or more states may agree to have
joint PSC and in that case president shall be law provides for appointment of
joint PSC.

Appointments

Chairman and members of union public service commission are appointed by
President.

Chairman and members of joint public service commission are appointed by
President.

Chairman and members of state public service commission are appointed by
governor.

As far as possible one half of the members of every public
service commission should be those members which have held office for at least
10 years under the government of India or under the government of a state.

Strength of the commission

Number of member will declare by president in case of union public
service commission.

Number of member will declare by governor in case of state public
service commission.

CSAT Paper - 1 Sample Paper

Indian Polity and Governance

1. Habeas Corpus means:(a) an order from a court to free a person who had been illegally detained
by the police or any other person
(b) an order from a superior court calling up the record of a proceeding in an
inferior court for review
(c) an order from the superior court to an official to show his right to the
office
(d) an order from a higher court to stop proceedings in a certain caseAnswer: (A)

2. Writ of Certiorari means(a) an order to produce the body of a person
(b) a writ issued by a superior court calling up the record of a proceeding in
an inferior court for review
(c) an order from the superior court to any official to show his right to the
office
(d) an order from a higher court to stop proceedings in a certain caseAnswer: (B)

3. Which of the following is not included in the list of Fundamental
Duties (Article 51A) in the Constitution?(a) To safeguard public property and to abjure violence
(b) Secularism
(c) To uphold and protect the sovereignty, unity and integrity of India
(d) to abide by the Constitution and respect its idealsAnswer: (B)

4. Regarding the powers and functions of the President it is not correct
to say that(a) all legislative proposals involving expenditure from the Consolidated
Fund of India have to be recommended by the President to the Parliament for
consideration
(b) no money bill or demand for grant can be introduced or moved in the
Parliament unless it has been recommended by the President
(c) The may direct the Chief Justice of the Supreme Court to take over a
particular case for disposal
(d) he calls upon the party enjoying majority in the Lok Sabha to choose its
leader who is then appointed as the Prime MinisterAnswer: (C)

5. Which one of the following is not a judicial power of the President of
India?(a) He appoints the Chief Justice and other judges of the Supreme Court
(b) He can remove the judges of the Supreme Court on grounds of misconduct
(c) He can consult the Supreme Court on any question of law or fact which is of
public importance
(d) He can grant pardon reprieves and respites to personsAnswer: (B)

6. Which one of the following is not a function of the Vice­President as
ex-officio Chairman of the Rajya Sabha?(a) He presides over the meetings of the Rajya Sabha and conducts its
business
(b) He protects the privileges of the members of Rajya Sabha
(c) He dissolves the Raja Sabha
(d) He acts as the spokesman of Rajya Sabha before the President and the Lok
SabhaAnswer: (C)

Indian Polity and Constitution

(The Preamble)

The Preamble refers to the introduction or preface to the constitution. It
contains the essence of the entire constitution. The Constituent Assembly first
met on Dec. 9th, 1946 and the preamble to the Indian constitution based on the
‘Objective Resolution’ drafted and moved by Pandit Nehru on Dec. 13th, 1947.

Text of the Preamble

We, The People of India, having solemnly resolved to constitute India into a
SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens:-

JUSTICE - Social, Economic and Political;

LIBERTY - of thought, expression, belief, faith and worship;

EQUALITY - of status and of opportunity; and to promote among them
all

Indian Polity and Constitution

(Features of The Constitution)

A. Lengthiest Written Constitution of the World

The constitution of India is the lengthiest of all the
written constitutions of the world. Initially, it contained a Preamble, 395
Articles, 22 parts & 8 schedules. As of now, it has a Preamble, about 450
Articles, 24 parts and 12 schedules. Some of the factors leading to the
elephantine nature of our constitution can be summarised as follows:

i) Since Government of India Act 1935 was adopted as a model for the Indian
Constitution and it was a very voluminous document in itself. Thus it naturally
made the constitution a lengthy document.

ii) The Indian constitution has elaborated provisional for Judiciary, Public
Service Commissions, Election Commission, Controller and Auditor General of
India etc. Which also makes it voluminous as compared to other constitutions.

iii) The Indian constitution has provisions regarding the administration of
states. This is unlike the U.S. constitution where the state from their
constitution separately. Since the federal constitutions is supposed to describe
in details the rights and jurisdictions of the centre and the states. Thus
making it more bulky in nature.

IAS General Studies Test Series -
2013

GEOGRAPHY & INDIAN POLITY
(PART - 2)

Which of the following statements relating to the Leader of Opposition in
the Lok Sabha are correct?(1) The Leader of the largest party in the Opposition in the Lok Sabha having
strength of not less than one-tenth of the total membership of the Lok Sabha is
recognized by the President as the Leader of the Opposition in the Lok Sabha.
(2) He enjoys the status equivalent to that of a cabinet Minister.
(3) He enjoys only statutory but not Constitutional recognition in the Lok
Sabha.
(4) He is consulted by the Union Government while appointing the Central
Vigilance Commissioner.

Select the correct answer from the codes given below:
(a) 1, 2 and 3 only
(b) 1, 3 and 4 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4

Match List-l with List-ll select the correct answer from the codes given
below:

IAS General Studies Test Series -
2013

GEOGRAPHY & INDIAN POLITY
(PART - 1)

Which of the following bodies has unanimously recommended that the
Director of the Central Bureau of Investigation shall be appointed by a
collegium headed by the Prime Minister, the Leader of the Opposition in the Lok
Sabha and the chief Justice of India as its members?(a) Central Vigilance Commission Rajya Sabha Select Committee
(b) Rajya Sabha Select Committee
(c) Joint Parliamentary Committee
(d) Lok Sabha Select Committee

Which of the following provisions seek to achieve the ideal of “Fraternity”
as mentioned in the Preamble to the Indian Constitution?(1) By following the Fundamental Duties
(2) By allowing Dual Citizenship to NRIs
(3) Pursuing the ideals of a ‘Secular’ State
(4) Single Citizenship
(5) By following the Universal Declaration of Human Rights,1948

Select the correct answer from teh codes given below:
(a) 1, 3and 5 only
(b) 1, 2, 3 and 4 only
(c) 1, 3, 4 and 5 only
(d) 1 and 4 only

Which of the following statements about Departmental Standing Committees
in the Parliament is correct?(1) Each Departmental Standing Committees consists of members elected by
proportionl representation from each House of the Parliament
(2) Together, they cover all the ministries of departments of the government
(3) They examine demands for grants of the concerned department or ministry and
suggest cut motions
(4) Their recommendation is only advisory in nature

Select the correct answer from the codes given below:
(a) 1 and 2 only
(b) 1, 2 and 4 only
(c) 2, 3 and 4 only
(d) 3 only

The decision of the Supreme Court in the UP Power Corporation Ltd. Vs.
Rajesh Kumar 2012 case, relating to constitutionality of reservation in
promotion in favour of Scheduled Castes and Scheduled Tribes in public
employment, is based on which of the following cases?(a) Indra Sawhney vs. Union of India 1992
(b) M. Nagaraj vs. Union of India2006
(c) Jasbir Rani vs. State of Punjab 2002
(d) None of the above

Match List-l with List-ll and select the correct answer from the codes
given below: